Tuesday, November 29, 2022

New Bill Will Help Stop Delays in Hiring

A recent court decision out of Riverside County has stalled hiring by making routine background checks nearly impossible to complete. SB 1262 (Bradford; D-Gardena) will return people to work by remedying the issue.

Before they can hire, many companies — such as certain health facilities, child care providers, and financial institutions — are required to perform background checks.

Even if not required, some nonprofits or companies will conduct a background check because of the nature of the services provided. A company that sends repair workers into people’s homes or requires employees to interact with children has a duty to ensure they are not risking others’ safety.

When conducting background checks, it often is necessary to filter records by information other than a name. It is not uncommon for workers to have the same name in a country of more than 330 million people.

According to Ancestry.com, “Smith” is the most common last name in California and 40 other states. Those other filters can include a birth date or driver license number.

Background Check Delays

A 2021 case out of Riverside County, California called All of Us or None of Us v. Hamrick halted thousands of background checks last summer when it interpreted California Rule of Court 2.507 regarding court electronic indexes as prohibiting searches by date of birth or driver license numbers.

The result was workers having their job applications delayed or denied because of the inability to accurately perform background checks.

CalChamber members reported delays of multiple weeks in hiring and sometimes were unable to accurately complete a background check. At a time when 98% of small businesses report struggling to hire and the unemployment rate remains high, it is essential that applicants are able to be hired and onboarded as quickly and efficiently as possible.

SB 1262 resolves this issue by explicitly allowing electronic indexes to be searched and filtered by a person’s driver license number or date of birth, or both. The bill is essential to timely placing applicants in open job positions and ensuring Californians have access to work.

Staff Contact: Ashley Hoffman

Ashley Hoffman
Ashley Hoffman
Ashley Hoffman joined the CalChamber in August 2020 as a policy advocate specializing in labor and employment and workers’ compensation issues. Before joining the CalChamber, she was an associate attorney in the Sacramento office of Jackson Lewis P.C., representing employers in civil litigation and administrative matters, as well as advising employers on best practices, including compliance with labor laws. She previously worked as a litigation associate and a summer associate at Gibson, Dunn & Crutcher, LLP, Los Angeles. She also was a law clerk at the U.S. District Court for the Western District of Tennessee in Memphis and a judicial extern for the Ninth Circuit U.S. Court of Appeals in Pasadena. Hoffman holds a B.A. with high honors in political science from the University of California, Santa Barbara, and earned her J.D. from the UCLA School of Law, where she was a Michael T. Masin scholar, an editor at the UCLA Law Review, and staff member for the Women’s Law Journal.

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